Estate Planning Attorneys in Granite Bay, California
Dangers of Postponing the Creation of Your Estate Plan
If you pass away without a will or trust in place, the courts will decide how your estate will be divided up among your heirs according to the arbitrary dictates of California state law. This may result in estranged family members receiving the bulk of your estate or other loved ones being completely deprived of any portion of your estate.
Furthermore, beneficiaries may be forced to wait far longer than necessary before matters can be resolved. In some situations, they may become embroiled in disputes or litigation over the disposition of the estate. If you are a single parent, the courts will decide who will raise your children if something happens to you.
Rather than leaving these crucial family affairs in the hands of the court, let Herrig, Vogt & Hensley, LLP help you take control of your property and secure your loved ones’ future.
How We Can Help You Plan Your Future
Our estate planning lawyers are well-versed in strategies to help you protect your family. Matters of estate planning and administration we can assist with include:
Advance Health Care Directive
Depending on the size and complexity of your estate, we may advise that you draft a will, or we may recommend that you create a trust for the disposition of your assets. Trusts have several advantages over wills, including the fact that they make it possible to avoid probate and protect the estate from inheritance tax.
In addition to helping clients create and implement estate planning tools, we can help you apply strategies to ensure that you can make your wishes known in the event that you become incapacitated due to an injury or illness. We can also represent clients in matters of probate, will contests, and administration of trusts.
If you have been appointed as an estate administrator or as a trustee, we can advise you throughout the process to help you properly complete your duties. If a dispute arises during your administration, we can defend you against allegations of any breach of duty. We are knowledgeable about the California Probate Code and will put this to use if any dispute arises within this context.
Estate Planning Attorneys With Decades of Experience
When you choose Herrig, Vogt & Hensley, LLP for your estate planning needs, you will be working with a team of lawyers who have 30 years of experience in estate planning and probate matters. We have assisted countless clients throughout El Dorado, Placer, and Sacramento Counties with various aspects of estate planning and we are ready to help you, too.
Estate Planning Options
Learn About Estate Plan Options that Can Protect You and Your Family
An effective estate plan can provide precise instructions about your final arrangements in case of incapacity or untimely death. And if you choose Herrig, Vogt & Hensley, LLP, you’ll get a team of estate planning attorneys with 30 years of combined experience who can draft and implement a comprehensive estate plan for you.
Having a solid estate plan in place can give you peace of mind knowing that your last wishes are in writing and that your loved ones will be cared for after you pass away. Your estate plan can also include provisions in the event that you are unable to speak for yourself due to injury or illness. By appointing someone you can trust to oversee your affairs, you will know you have taken the steps necessary to protect yourself and your family.
Some of the most common estate planning options that we recommend for our clients include:
A cornerstone of most estate plans is a last will and testament. A will allows you to state specifically how you want your estate to be distributed upon your passing, rather than leaving it up to the arbitrary dictates of state law. Additionally, a will can name a guardian for your children or a disabled adult that you care for.
Wills are normally required to pass through the process of probate. This process involves paying creditors and then distributing the remainder of your assets as dictated in your will. In some cases, the estate is small enough to avoid probate.
If you are concerned with helping your loved ones avoid the stress, expense and delays associated with probate and would like to keep your personal affairs private, you may benefit from creating a trust.
With a living trust, also known as an inter vivos trust, you can maintain control over the items that you place in the trust by naming yourself or another person whom you designate as the trustee. You can then name a successor trustee to assume control upon your passing or incapacitation. Anything that you place in the trust will no longer be legally part of your estate, meaning that it will not be subject to probate or estate taxes.
Advance Health Care Directives
An Advance Health Care Directive, also known as a Living Will, is an estate planning instrument that you can use to clearly state your preferences concerning the nature, scope and extent of medical treatment that you would or would not want to receive in the event of an incapacitating illness or injury. An Advance Health Care Directive is used only for answering questions concerning your medical treatment. You can, for example, voice your wishes regarding whether or not you would want to be placed on life-support equipment, whether or not you would like to donate your organs, what your burial or cremation preferences are, and other health care and death-related issues. The Advance Health Care Directive also allows you to choose someone to make health care decisions for you if you cannot make the decisions for yourself.
Hiring an experienced attorney can help you accomplish your desires regarding your health care decisions and advise you on the current laws.
The team at Herrig, Vogt & Hensley, LLP can help you create a comprehensive Advance Health Care Directive and ensure your medical treatment goes as smoothly as possible. Contact us to set up a free consultation to discuss your needs.
Powers of Attorney
A power of attorney is a legal document that allows you to name another person to make financial decisions on your behalf. You can make the powers you give your agent as broad or as narrow as you want. Your agent may be able to conduct financial transactions on your behalf, sell your home, write checks, and pay your bills. You can specify when these powers are acquired, such as immediately after signing the document or only in the event that you become incapacitated.
Similarly, you can use a healthcare proxy to appoint an agent to make decisions about your medical treatment, such as a medical situation that is not addressed in your living will.
Contact Our Team of Dedicated Estate Planning Attorneys Today
It is never too early to start planning for your future and protecting your family. When you are ready to get started, contact our estate planning attorneys by phone or online for a free case evaluation. We serve clients throughout El Dorado County, Placer County and Sacramento County.